10 Sept 2020
1. ) CRCC MALAYSIA BERHAD 2. ) M101 ENTITY SDN BHD 1. ) M101 ENTITY SDN BHD 2. ) CRCC MALAYSIA BERHAD
- Citation
- WA-24C-89-05/2020, WA-24C-135-06/2020, WA-24C-136-06/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-89-05/2020, WA-24C-135-06/2020, WA-24C-136-06/2020 (Mahkamah Tinggi)
The court held the adjudicator did not breach natural justice nor exceed jurisdiction: waiver and estoppel issues were raised within the adjudication pleadings and were properly ventilated by the parties and considered by the adjudicator; the solicitors' letter relied on by M101 was correspondence outside pleadings and did not negate that the substantive defence had been addressed; no clear and unequivocal error existed to justify a stay; accordingly the Setting Aside and Stay Applications were dismissed and the Enforcement Application allowed.